U5 Tinker v. Des Moines (1969)

Question 1

What are the facts of the case?

Answer 1

Students (Tinker) planned to wear black armbands to school to protest the Vietnam war. Admin said any student wearing black armbands would be asked to remove it lest they be suspended from School (Des Moines School District). 3 Students wore their armbands anyway and were suspended so their parents sued to school. They said the district violated students right to free expression under free speech clause.

Question 2

What is the Question/Issue of the case?

Answer 2

Is it a violation of free speech clause for schools to prohibit students from wearing symbols of their political views on a school premises if they aren’t disrupting the school?

Question 3

What was the decision of the case?

Answer 3

7-2 (Tinker)
Actions of the students are protected by the freedom of speech clause. The school must prove their speech would substantially interefere with school operations to suppress it.

Question 4

What was the significance of the case?

Answer 4

Students don’t lose all free speech rights at school. Symbolic speech is a form of protected speech.

Question 5

What is the Constitutional Clause involved in this case?

Answer 5

The Freedom of Speech Clause in the First Amendment. Also Due Process Clause.

Question 6

Is this Judicial Activism or Judicial Restraint?

Answer 6

Judicial Activism